This article shall be known and referred to as the "Brighton
Township Stormwater Management Fee Ordinance."
Terms used in this chapter and not given a specific definition
shall be defined as set forth in applicable statutes of the Commonwealth
of Pennsylvania or the Township Code, if any, and shall otherwise
be given their ordinary and common meaning.
Any person, property owner, firm, corporation, individual,
partnership, company, association, society or group responsible for
the payment of services provided by the Brighton Township storm sewer
system.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The measure of impervious ground cover for a typical single-family
residential property used in assessing the fees for each parcel of
property, and which has been determined to be 4,700 square feet.
Those hard surface areas that either prevent or impede the
entry of water into the soil under natural conditions, preexistent
to development, or which cause water to run off the surface in greater
quantities, or at an increased rate of flow than under natural conditions,
preexistent to development, including, without limitation, surfaces
such as rooftops, asphalt, concrete, or any other material that has
been compacted, engineered and intended for vehicular traffic or parking,
including, but not limited to, driveways and parking lots, or other
surfaces which similarly affect the natural infiltration or runoff
of natural drainage patterns existing prior to development including,
but not limited to, walkways, patio areas and storage areas. Compacted
gravel or crushed stone surfaces are considered impervious surfaces
for this analysis. In addition, any surface designed to be constructed
of permeable, pervious or porous concrete, asphalt or pavers are also
considered to be an impervious surface for this analysis.
The Township of Brighton, Beaver County, Pennsylvania, a
Second Class Township.
The associated costs for facilities, energy, manpower, materials,
property acquisition, transportation and all other services and equipment
required to collect, convey, detain, treat, pump and transport stormwater.
Each lot, parcel, building or portion thereof containing
600 or more square feet of impervious surface. Property types identified
as the basis of fee assessment are as follows:
DUPLEX RESIDENTIAL PROPERTYA property containing a single two-family attached structure containing only two dwelling units, one of which is constructed on top of the other and divided by a common floor/ceiling structure with each dwelling unit having direct access to the outside or a property containing a single two-family attached structure containing only two dwelling units, each of which are entirely separated from the other by a continuous, common wall extending from the basement to the roof, each unit having independent access to the outside.
NON-SINGLE-FAMILY RESIDENTIAL PROPERTYIndividual properties not used as a single-family detached property, single-family attached property or duplex property. These may include manufactured homes and mobile home parks, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings or multifamily dwellings containing three or more dwelling units, places of worship, places of assembly, condominium units where individual units are not townhouses, parking lots or garages, schools and other educational facilities, storage buildings and storage areas covered with impervious surfaces, research stations, hospitals, convalescent centers, airports, agricultural, water reservoirs and water and wastewater treatment plants, oil and gas well pads and communication tower site pads.
SINGLE-FAMILY ATTACHED RESIDENTIAL PROPERTYAn individual property containing one dwelling unit that is designed for occupancy by one family located on one parcel of land that is attached to another dwelling unit. This does not include individual units in a two-family dwelling or in a multifamily dwelling containing three or more units in which the individual dwelling units are located on a single parcel. This definition includes individual units in a condominium unit in which the subject lot includes only the extent of the individual condominium unit, with adjacent driveways, access roads, and open areas located on common ground only when condominium units are designed as townhouses as defined herein. The inclusion of condominium townhomes as single-family attached dwellings takes into account impervious area located in common areas.
SINGLE-FAMILY DETACHED RESIDENTIAL PROPERTYAn individual property containing one dwelling unit that is designed for occupancy by one family located on one or more individual lots or parcels of land that is not attached to another dwelling unit. This does not include individual units in a condominium association or mobile home community in which the subject lot includes only the extent of the individual condominium unit or mobile home, with adjacent driveways, access roads and open areas located on common ground.
Sums assessed, imposed and to be collected for each property
that uses, benefits from or is serviced by the Brighton Township storm
sewer system, or that discharges stormwater, directly or indirectly,
into the Brighton Township storm sewer system.
The associated costs of purchasing and installing equipment,
accessories or appurtenances that are necessary to maintain the requisite
capacity and performance of the Brighton Township storm sewer system.
The system of collection and conveyance, including pipes,
conduits, mains, inlets, culverts, catch basins, gutters, ditches,
channels, detention ponds, streets, curbs, drains and all devices,
appliances and facilities appurtenant thereto used for collecting,
conducting, pumping, conveying, detaining and/or treating stormwater.
Runoff water from all precipitation events, snowmelt and
springs.
A building which contains at least three but no more than
eight single-family dwelling units, each of which are separated from
the adjoining unit or units by a continuous, common wall extending
from the basement to the roof, each unit having independent access
directly to the outside and having no units above or below. For the
purpose of this definition each dwelling unit is located on an independent
tax parcel containing no other dwelling units.
A.
Rental, rates and charges are hereby imposed upon each and every
property that is connected with, serviced by or benefits from Brighton
Township storm sewer system for the cost to operate, maintain, repair,
make replacements or improve the storm sewer system.
B.
The ERU fee shall be $5.50 per month initially, effective January
1, 2019, and shall be set annually thereafter by resolution of the
Board of Supervisors of Brighton Township.
C.
Each property that is a single-family detached residential property
or duplex residential property shall be charged for one ERU.
D.
Each property that is a single-family attached residential property
shall be charged for 0.5 ERU.
E.
The charge for a non-single-family residential property, or any property not identified in Subsections C or D above, shall be assessed at a rate based upon the number of square feet of impervious surface, as determined by measurement through aerial photography and surface feature evaluation, expressed in whole ERUs by rounding to the next highest ERU. The charge shall be computed by multiplying the number of ERUs for a given property by the unit rate established by Brighton Township as set forth above in Subsection C above or as adopted by resolution of the Board of Supervisors.
F.
The minimum charge for every non-single-family residential property
shall be one ERU.
(1)
Notwithstanding the foregoing, the following properties shall be
exempt from rental, rates and charges under this chapter:
G.
The charges as determined herein are fair and equitable and are based
upon the following:
(1)
That a minimum fee per property is reasonable.
(2)
That the basis for the equivalent residential unit being 4,700 square
feet of impervious surface was an equally assessed statistical sampling
of properties in Brighton Township.
(3)
That the requirement a property has at minimum 600 square feet of
impervious surface is reasonable based on the use of aerial photography
and surface feature evaluation to determine total amounts of impervious
surface existing in Brighton Township.
(4)
That the use of aerial photography and surface feature evaluation
provides an accurate measurement for impervious surfaces.
(5)
That the standard charge for an individual dwelling unit is based
on the fact that there is not a great deal of variation in size, nor
any substantial manner to control stormwater runoff.
Rental, rates and charges shall be assessed, imposed, liened
and collected equally based upon the same calculations and procedures
as to all customer(s) for each property.
A.
Rental, rates and charges imposed by this chapter shall be assessed
and billed to property owners by Brighton Township on the first day
of every year beginning on January 1, 2019.
B.
A discount of 2% shall be given for any payments made on or before
March 31. Payment at face will be required for payments made in April
and May. Thereafter, any payment will be subject to a 10% penalty.
C.
The rental, rates and charges assessed and collected will not be
subject to proration or refund by Brighton Township in the event a
property is sold; provided, however, that this provision shall not
bind a buyer and seller from making their own proration of any rental,
rates and charges.
D.
All costs for collection procedures, including but not limited to
fees for filing, perpetuation and satisfaction of liens, collection
fees, attorney fees, court costs, litigation expenses and charges
for the service of documents shall, upon being incurred by Brighton
Township, be imposed as a charge for nonpayment and added to the balance
due on the property customer's account.
In accordance with the Municipal Claims Act, 53 P.S. § 7101
et seq. (as amended), all rental, rates and charges, penalties, interest,
collection fees, lien filing fees, satisfaction fees or any other
charge imposed for failure to make prompt payment shall constitute
a lien upon and against the subject property from the date of imposition
and assessment.
Credits against rental, rates and charges are an appropriate
means of adjusting the assessment of fees owed to account for the
implementation of mitigating measures. Credits shall be applied as
described in the Stormwater Management Fee Study, prepared by Lennon,
Smith Souleret Engineering, Inc., dated December 2018. Applications
for credit shall be filed with the Township Manager.
Any property customer or owner who believes the provisions of
this chapter have been applied in error may appeal in the following
manner and sequence.
A.
The appeal of a rental, rate and charge must be delivered or mailed
to the Township Manager or his designee within 30 days of the charge
being mailed to the property customer. The appeal must be in writing
and state all reasons for the appeal. Using the information provided
by the appellant, and also any other investigation that is needed
in the Township Manager's opinion, the Township Manager, or his
designee, shall review the written submission and respond to the appeal
in writing within 30 days. The Township Manager has the authority
to adjust the rental, rate and charge if deemed appropriate.
B.
A decision of the Township Manager that is adverse to the appellant
may be further appealed to the Brighton Township Board of Supervisors
within 30 days of the adverse decision being issued. The appellant
shall state in writing the grounds for further appeal and shall mail
or deliver the appeal to the Township Manager or his designee. The
appellant shall be permitted to present his appeal to the Board of
Supervisors at the next scheduled meeting that is at least seven days
after receipt of the appeal by the Township Manager. The Board of
Supervisors shall issue a written decision on the appeal within 30
days of its presentation. The decision of the Board of Supervisors
shall be final.
The Brighton Township Board of Supervisors may by resolution
adopt such policies and procedures as it deems appropriate and necessary
to ensure collection of storm sewer rental, rates and charges assessed
and imposed pursuant to this chapter. Without limitation, collection
procedures may include referral of delinquent accounts to a collection
agency; filing of liens; scire facias sur municipal lien proceedings
to collect filed liens; and any and all other measures or combination
thereof that the Board of Supervisors of Brighton Township may deem
appropriate.
The funds received from the collection of the rental, rates
and charges authorized by this chapter shall be deposited into a Storm
Sewer Revenue Fund, a fund and account hereby created and dedicated
to the operation, administration, maintenance, repair and improvement
of the storm sewer system.
